Anti-Corruption Act 2023 · As enacted · Part III
109. Accumulation of wealth by an offence under this Act
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where a person has or had acquired any property, and such property –
being money, which cannot be or could not have been –
part of such person’s known income or receipts; or
money to which any part of his known receipts has or had been converted; or
being property other than money, which cannot be or could not have been -
property acquired using any part of such person’s known income;
property which is or was part of such person’s known receipts; or
property to which any part of such person’s known receipts has or had been converted, then, for the purposes of any prosecution under this section, it shall be deemed, until the contrary is proved by such person, that such property is or was property which such person has or had acquired by the commission of any of the offences under this
Chapter of this Act or to which such person has or had converted any property acquired by committing an offence under this Act.
In subsection (1) “income” does not include income from proceeds of an offence under this Act, and ''receipts'' do not include recipts from proceeds of an offence under this
Act.
A person who is or had been the owner of any property which is deemed under subsection (1) to be property which such person has or had acquired by committing an offence under this Act or to which such person has or had converted any property acquired by such person by committing any offence under this Act, commits an offence and shall on conviction by the High Court be liable to a fine not exceeding one million rupees and to a term of rigorous imprisonment not exceeding seven years:
Provided that, where such property is or was money deposited to the credit of such person’s account in any bank and such person satisfies the court that such deposit has or had been made by any other person without such person’s consent or knowledge, such person shall not be considered as a person who commits or who has committed an offence under the preceding provisions of this subsection.
No prosecution for an offence under this section shall be instituted against any person unless the Commission has given such person an opportunity to show cause as to why such person should not be prosecuted for such offence and where such person has failed to show cause as such or the cause shown by such person is unsatisfactory in the opinion of such Commission a prosecution shall then be instituted against such person under this section.
For the purposes of this section, where a spouse or an unmarried child under the age of eighteen years of a person has or had acquired any property movable or immovable on or after the date of commencement of this Act, it shall be presumed until the contrary is proved that such property was acquired by such person aforesaid and not by such spouse or unmarried child, as the case may be.
In any prosecution for an offence under this section, a certificate from the Chief Valuer with regard to the value of any immovable property or the cost of construction of any building on such property shall be sufficient proof of such value and such cost of construction unless and until the contrary is proved.
In this subsection, “Chief Valuer” means the Chief
Valuer of the Government, and includes any Senior Assistant
Valuer, or Assistant Valuer of the Government Valuation
Department.
For the purpose of this section “a person” shall mean any person whomsoever, whether or not such person can be shown to have been concerned with any act referred to in this
Chapter or whether or not he is a public official within the meaning of this Act.
Notwithstanding anything to the contrary in any other provision of this Part, where a court convicts a person of an offence under this Part, the court may in lieu of imposing a penalty or fine, make order that any movable or immovable property found to have been acquired by bribery or by the proceeds of bribery, be forfeited to the State free from all encumbrances:
Provided however, that, in determining whether an order of forfeiture should be made, the court shall be entitled to take into consideration whether such an order is likely to prejudice the rights of a bona fide purchaser for value or any other person who has acquired, for value a bona fide interest in such property.
An order made under subsection (8) shall take effect–
where an appeal has been made to the Court of Appeal or the Supreme Court against the order of forfeiture, upon the determination of such appeal confirming or upholding the order of forfeiture; or
where no appeal has been preferred to the Court of Appeal or the Supreme Court against the order of forfeiture, after the expiration of the period within which an appeal may be preferred to the Court of Appeal or the Supreme Court against such order.
A person, who conceals or retains proceeds or any part thereof of an offence committed under this Act, knowing that property is the result of proceeds of an offence under this
Act shall commit an offence and shall be liable on conviction to a rigorous imprisonment for a term not exceeding seven years or to a fine not exceeding one million rupees or to both such fine and imprisonment:
Provided that, a person conceals or retains proceeds or any part thereof whether or not he conceals or retains such proceeds directly or indirectly through intermediaries or for his own benefit or for the benefit of another or of an entity.
Part IV
General
Part V